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Roma Borunami Olivia
Universitas Indonesia
Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences

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EKSEKUSI JAMINAN FIDUSIA BERDASARKAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 2/PUU-XIX/2021 Roma Borunami Olivia
JURNAL DARMA AGUNG Vol 31 No 4 (2023): AGUSTUS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat Universitas Darma Agung (LPPM_UDA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/ojsuda.v31i4.3555

Abstract

The Constitutional Court has provided an interpretation of the provisions regarding the execution of fiduciary guarantees. Creditors have a legal right to carry out the execution of their fiduciary collateral object provided that there is an agreement on breach of contract (default) and the debtor's voluntary principle to surrender the fiduciary collateral object to the creditor. If these conditions are not fulfilled, the creditor must apply for execution to the court. This legal principle has been considered by some parties as not providing certainty and legal protection for good-faith fiduciary guarantee recipients. This article will discuss the process of executing fiduciary collateral objects, both in cases where there is an agreement on breach of contract and the debtor is willing to surrender the collateral object, and in cases where there is no such agreement and the debtor is not willing to surrender the collateral object.
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